These Terms of Service (“Terms”) govern your access to and use of the website operated by Simple Spark LLC (“Simple Spark,” “we,” “us”) at onesimplespark.com. By using the site you agree to these Terms.
1. Acceptance
By accessing or using this site you confirm that you can form a binding contract with Simple Spark and that you accept these Terms. If you don’t agree, please don’t use the site.
2. Services
Simple Spark provides marketing, branding, web design, development, video, photography, and design services. Engagements are governed by a separate written Statement of Work (SOW) or Master Services Agreement (MSA) executed by both parties. The SOW or MSA controls if it conflicts with these Terms.
3. Intellectual property
The site and its original content (excluding client work showcased with permission) is owned by Simple Spark and protected by copyright, trademark, and other laws. You may not reproduce, distribute, or create derivative works from site content without our written permission, except for ordinary fair-use viewing in a browser.
Project deliverables produced under a signed SOW transfer ownership per the terms of that SOW. Default behavior: on full payment, the client receives a perpetual, non-transferable license to use the final delivered work for its intended business purpose; Simple Spark retains the right to display the work in our portfolio.
4. Use of the site
You agree NOT to:
- Use the site for any unlawful purpose or in violation of any law.
- Attempt to gain unauthorized access to any part of the site.
- Scrape, crawl, or harvest content using automated systems beyond reasonable indexing.
- Interfere with or disrupt the site or servers (DDoS, exploits, etc.).
- Use the site to transmit malware or other harmful code.
5. User submissions
If you submit ideas, suggestions, or feedback through the contact form or otherwise, you grant Simple Spark a non-exclusive, royalty-free, perpetual right to use that feedback to improve our services. You confirm you have the right to share whatever you submit.
6. Third-party links
Our site may link to third-party sites we don’t control. We’re not responsible for the content, privacy practices, or actions of those sites.
7. Disclaimers
The site is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Simple Spark disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We don’t warrant that the site will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of liability
To the maximum extent permitted by law, Simple Spark and its owners, employees, and partners are not liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — arising from your use of the site, even if we’ve been advised of the possibility.
Our total liability for any claim arising from these Terms is limited to one hundred U.S. dollars ($100) unless a signed SOW or MSA specifies otherwise.
9. Indemnification
You agree to indemnify and hold Simple Spark harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising from your violation of these Terms or your misuse of the site.
10. Termination
We may suspend or terminate your access to the site at any time, for any reason, without notice — including if you violate these Terms.
11. Governing law
These Terms are governed by the laws of the State of Arkansas, USA, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Craighead County, Arkansas, and you consent to the jurisdiction of those courts.
12. Changes
We may update these Terms from time to time. Material changes will be reflected in the “Last updated” date at the top. Continued use of the site after a change constitutes acceptance.
13. Contact
Questions about these Terms?
- Email: info@onesimplespark.com
- Phone: (870) 530-4565
- Mail: Simple Spark LLC, Jonesboro, AR
These Terms are a starting draft based on common U.S. small-business practice and should be reviewed by legal counsel before being relied upon for any actual contract or dispute.